A&P, Pathmark agree to notify FTC on merger closing

9/24/2007

MONTVALE, N.J. A&P and Pathmark have entered an agreement with the Federal Trade Commission to provide the FTC notice of their intention to consummate A&P’s acquisition of Pathmark at least two weeks before the closing. They will not give such notice sooner than Oct. 5.

As previously report, both A&PIs majority shareholder, Tengelmann, and Pathmark received second requests from the FTC on April 18. Under the agreement, the grocers agreed that they would not consummate A&PIs acquisition of Pathmark for at least 60 days following the data that A&P and Pathmark comply with the second requests. They announced on July 16 that both parties had submitted certificates of compliance to the FTC. In early August, the grocers entered into an agreement with the FTC providing that they would not consummate the deal before Sept. 25.

A&P and Pathmark have stated that they are cooperating with the FTC.

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